Considerations regarding the general rule provided by the article 4 of the Rome II regulation

Adrian PRICOPI, Claudiu BUTCULESCU

Abstract


This article addresses certain issues related to the enforcement of the Rome II Regulation. The mentioned Regulation was adopted in order to unify, within the European Union, the rules regarding choice of law concerning non-contractual obligations. The application of the Regulation has caused some controversies in jurisprudence, regarding the implications on the national laws and international treaties or conventions. Almost two years after its prescribed date of application, a rigorous analysis of the Regulation’s impact over the case law, both on national and European level is necessary. The purpose of this study is to briefly describe, the research of the two authors regarding the practical effects of the aforementioned Regulation, as well as some judicial problems arisen from its application, mainly relating to the general rule of law, expressed in the fourth Article of the Regulation.

 

 


Keywords


choice of law, non-contractual obligations, habitual residence, Lex loci damni, Lex loci delicti comissi, temporal scope

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